Karl H. Timmerman M.A.J.D. 2004
All Rights Reserved
A MISSOURI LAWYER'S
FRIDAY NIGHT RAMBLINGS

FOR
AUGUST 27, 2004


These are the Ramblings of a small town, (Holden, population 2,700), Missouri, country lawyer. They contain my random thoughts and observations on current events and my life and experiences in the Solo Practice of law.
Compiled here are the Ramblings for 2002 - 2004. 
Archived Prior Ramblings
CLICK ON A DATE
In Memorium:
September 11, 2001
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                      2002
 
02-22-02  03-30-02  04-05-02
 
04-21-02  04-27-02  05-01-02
 
05-03-02  05-10-02  05-17-02
 
05-31-02  06-21-02  06-26-02
 
06-29-02  07-04-02  07-05-02
  07-12-02  08-02-02  08-10-02
 
08-21-02  08-23-02  08-30-02
 
09-06-02  09-11-02  09-11-02F
 
09-13-02  09-20-02  09-27-02
 
10-04-02  10-11-02  10-18-02
 
10-25-02  11-01-02  11-08-02
 
11-15-02  11-22-02  11-29-02
 
12-06-02  12-13-02  12-20-02
 
12-27-02

                      2003
  01-03-03  01-10-03  01-10-03R
 
01-17-03  01-24-03  01-31-03
 
02-07-03  02-14-03  02-21-03
 
02-28-03  03-07-03  03-14-03
 
03-21-03  03-28-03  04-04-03
 
04-11-03  04-18-03  04-25-03
 
05-02-03  05-09-03  05-16-03
 
05-23-03  05-30-03  06-06-03
 
06-20-03  06-27-03  07-04-03
 
07-11-03  07-18-03  07-25-03
 
08-01-03  08-08-03  08-15-03
 
08-22-03  08-29-03  09-05-03
 
09-12-03  09-19-03  09-26-03
 
10-03-03  10-10-03  10-17-03
 
10-24-03  10-31-03  11-07-03
 
11-14-03  11-21-03  11-28-03
 
12-05-03  12-12-03  12-19-03
 
12-26-03 

                      2004
 
01-02-04  01-09-04  01-16-04
 
01-23-04  01-30-04  02-06-04
 
02-13-04  02-20-04  02-27-04
 
03-05-04  03-12-04  03-19-04
 
03-29-04  04-02-04  04-09-04
 
04-16-04  04-23-04  04-30-04
 
05-07-04  05-14-04  05-21-04
 
05-28-04  06-11-04  06-18-04
 
06-25-04  07-09-04  07-16-04
 
07-23-04  07-30-04  08-06-04
 
08-13-04  08-20-04  08-27-04

 

To post a "comment" to the "Comments Page"
Greets and Huggers.  Posted the evening of  August 27, 2004.  On August 22, 2004, my dear Friend Mitch M wrote about the Libertarian Party: "We are a party of ideas and principles that don't change depending on who gives us money." Give me a break! Who gives the Libertarian party money?? Why would they? The Libertarian Party is like a heard of cats. Individual Cats have their charms, potentially can make a difference ... but a heard only results in over filled litter boxes. My father shared, as I was growing up, a tombstone he saw in his youth:  "Here lies motorcycle rider Fritz, he had the "right" of way."  I think the Libertarian party is "right" on many issues. Unfortunately, having the right, being "right", may make a difference in the great cosmic scope of things,  but sadly, in politics, it does not matter.  It takes a cooperative effort to win an election: it takes "worker bees', it takes money, (for a media campaign). The Libertarian Party's emphasis is on individual rights, it defends, celebrates, endorses the individual. No doubt, a worthy goal: in a democratic society, the ultimate goal. That is also the Libertarian Party's greatest flaw because it results in no meaningful common effort, limited "worker bees" and no meaningful "fund raisers". Politics are the ultimate human expression of social "self serving":  folks banding together to feed at a common communal trough. Republicans and Democrats have raised feeding from a common trough into an art form. Libertarians are still debating communal feeding. 'Sorta like anarchists organizing, isn't it? 'Nuff said.

Sitting here thinking about our Bar Association  ... <scratching his head> ...  so, what is our role as lawyers: aren't we the foot shoulders of the Judicial Branch? Aren't we mandated "Officers of the Court" and as such, members of the 3rd branch of our government?  Aren't we the folks who bring the actions, that allow our judges to perform their most important job/function:  enforce the contract we have with our elected representatives?  Our Constitution?  Aren't we the folks that bring the actions, on behalf of our clients, to right wrongs?  Share with me: when did we, as individual lawyers become suspect in our role as guardians of the system ... guardians of our America? Why/when did our judges turn against us ...  their most faithful servants?  Why was it necessary for our Supremo's to establish "ethical" rules, not necessarily to protect us ... but ostensibly to protect the public FROM us? Isn't that the real function of the Office of Chief Disciplinary Counsel ? (I sure don't see the OCDC vigorously prosecuting folks for the unauthorized practice of law). Why is it that we are one of the most regulated of the professions,  yet are held in such low esteem by the general public? Is the Bar like a "labor union" representing the interests of it's members?  Or is it the regulating/enforcement arm of the Supremos? Interesting question, since you have no choice in becoming a member, no choice in paying dues and have no "voting/ratifying" power over the rules which govern our professional behavior. Our Board of Governors, the folks we elect to represent our interests as a profession, can only "suggest".  This week a start, perhaps, a beginning for our Bar and Supremos to help, protect, make practicing law a tad easier and less expensive for their foot soldiers, (you know ... everyday lawyer folks, like you and I).  After being required to retain client files, (unless we have specific permission from the client to destroy them), ad infinitum, client files, after 10 years, these files are now deemed abandoned by the client. We may now dispose of them. Since there is a 5 year statute of limitations on legal malpractice, a 10 year statute of limitations on bringing a contract action, isn't it time to also establish a 10 year statute of limitations on Bar Complaints?

This week, the "
Krispy Kreme Doughnut Corporation" reported that earnings are down 50 % from last year.  Only goes to show, the ripple effect the war in Iraq is having on our economy.  Seems a lot of National Guard folks are police officers.  They are not just missed by their families.
   
An interesting article in yesterdays Kansas City Star: "Government is on guard as new killer flu looms",  (the article is mirrored in the
Houston Chronicle),  reports that the "Department of Health and Human Services" released its "Pandemic Influenza Response and Preparedness Plan" for public comment, (click here for an executive summary). "1) simultaneous impacts in communities across the U.S., limiting the ability of any jurisdiction to provide support and assistance to other areas; 2) an overwhelming burden of ill persons requiring hospitalization or outpatient medical care; 3) likely shortages and delays in the availability of vaccines and antiviral drugs; 4) disruption of national and community infrastructures including transportation, commerce, utilities and public safety; and 5) global spread of infection with outbreaks throughout the world."  The sobering conclusion:   "A worldwide outbreak of virulent flu could kill up to 207,000 people in the United States and sicken 89 million, flooding hospitals and creating a sudden shortage of people who perform critical functions such as public safety, according to a federal planning document unveiled Thursday."  Last week, I shared that the Avian Flu, (H5N1), had crossed over to pigs,  according to a "senior Chinese Health Official"  Yesterday, "There are no pigs in the Chinese mainland infected with the H5N1 virus, or avian flu virus, and relevant research has reached no clear conclusion on H5N1 infecting pigs, announced the Ministry of Agriculture here on Thursday.", (click here for article).  So, do you believe the folks responsible for peddling pigs or the folks responsible for protecting health? Didn't the Chinese disavow/cover-up, ("A former military doctor who blew the whistle on China's Sars cover-up has been barred from travelling to the Philippines to receive Asia's equivalent of the Nobel Prize, officials here said yesterday."),  up any knowledge of SARS?  Be worried.

Sitting here editing these Ramblings, (verifying links), sipping on some Port and thinking about an email I received today:  a Dear Friend handling a divorce, just found out his client, (the female), is "dating" her sons 16 year old friend.  I find it puzzling  that I am less offended by a "
Mrs. Robinson" or a "Mary Kay Letoureneau"than some old geezer "dating" a 16 year old female. Double standard no doubt. There is a trend for older women to date younger men.  According to a survey in AARP magazine, "34% of single women ages 40 to 69 are dating younger men."   Good for them!!! (As an aside, after being arrested for creating kiddie porn, a photog in Harrisonville discovered that in Missouri, the age of consent for sex is 17 ... but the age of consent for having your picture taken in the nude is 18. Makes sense, doesn't it?) 

On the evening news, female suicide bombers brought down two Russian Airliners, using
Hexogen, (Less than a pound can bring down an airliner and worn on your body, is virtually undetectable.)  Paul Hamm has been asked to return his Gold Medal, (Best Gymnast), by the The International Gymnastics Federation (FIG) to show he is a good sport, (their judges made a mistake). The Koreans promise to sue. Guess the damn trial lawyers will be blamed for this as well.

This week, on Tuesday, Susan and I celebrated out 8th wedding anniversary.  We closed the office and spent the day just enjoying each others company.  It amazes me how well we talk by saying nothing at all. It is amazing how much we can share, just snuggling.  Be and sleep well knowing the best there is, is on watch so you can:  please keep our men and women in uniform in your prayers, (they will be in mine, (Please, Please, Please, Lord ... let them come home safe and soon!)). If my post offends ... I apologize, that is not my intent.  As Always ...
A Warm Brotherly Hug
Karl (the dumb ole country lawyer from Holden, Missouri)